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9 judgments
September 2025
The State(On The Application Of The Director Of The Public Prosecutions) vs The Chief Justice Of The High Court Of Malawi (Judicial Review Cause 4 of 2025) [2025] MWHCFin 2 (2 September 2025)
Chief Justice certifies the whole proceeding as constitutional; certification is a judicial, conclusive act not amenable to review or appeal.
  • Certification under s.9(2) Courts Act — Chief Justice certifies the whole original proceeding; Certification is judicial, conclusive and transforms the case into a constitutional matter; Party-commenced certification ordinarily commenced by summons under CPR Order 19 (service and response required); Alleged procedural irregularities in certification are to be addressed to the Chief Justice (Order 2 Rule 3(a)), not by judicial review or appeal.
2 September 2025
August 2025
The State vs The Acting Director of the Anti-Corruption Bureau (Judicial Review Cause 5 of 2025) [2025] MWHCFin 3 (31 August 2025)
Court refused challenge to Acting Director’s authority, stayed 24‑hour production requirement, and granted review permission on campaign speech vs ACB investigatory powers.
  • Administrative law — judicial review; Actings appointments — authority of Deputy Director to act as Director; Anti‑Corruption Bureau powers — s.10–11 Corrupt Practices Act; Electoral law — freedom of expression during campaign (constitutional s.35 and Elections Act s.53–55); Reasonableness of statutory document production timelines; Interim stay to protect campaign speech.
31 August 2025
March 2025
Jawad v R (Criminal Review Case 3 of 2024) [2025] MWHCFin 1 (7 March 2025)
High Court reversed conviction entered in absentia for felony; ordered trial to continue upon arrest and plea to amended charges.
  • Criminal procedure — review — High Court power to call records — Trial in absentia — section 248 CP&EC — felony charges — requirement to issue warrant and bring accused before court — convictions where accused did not plead to amended charge.
7 March 2025
May 2024
Republic v Chilima (Criminal Case 10 of 2023) [2024] MWHCFin 5 (6 May 2024)
DPP discontinuance under constitutional and procedural provisions led to immediate discharge, release from bail, and potential re-prosecution within six months.
  • Constitutional law — Director of Public Prosecutions' power to discontinue prosecutions (s99(2)(c)) — Criminal procedure (s77(1)(a)) — Effect of discontinuance: immediate discharge and release from bail — Non-bar to re-prosecution within six months — Duty to provide reasons to Legal Affairs Committee (s99(3)).
6 May 2024
April 2024
R v Kabambe and Another (Criminal Case 19 of 2023) [2024] MWHCFin 4 (19 April 2024)
An admitted legal practitioner on the Roll must hold a valid practising licence to appear, and the abuse-of-office charge was time-barred under s302A.
  • Criminal procedure — Public prosecutors: distinction between "legally qualified" and "entitled to practice"; practising licence mandatory for admitted legal practitioners; LELPA s30(4). — Time limits: s302A CP&EC mandates commencement/completion timelines; failure to commence trial within 12 months discharges accused. — Pre-trial dismissal: summary dismissal of criminal charges is exceptional; insufficiency of evidence ordinarily tested after prosecution case.
19 April 2024
Chipala and 2 Others v R (Criminal Review Case 2 of 2024) [2024] MWHCFin 3 (16 April 2024)
Applicants sought High Court review of magistrate’s bail refusal; Court dismissed for failure to meet high review threshold and wrong procedure.
  • Criminal procedure — High Court revisionary/supervisory jurisdiction (s.26 Courts Act; s.360 CP&EC) — Bail law — Bail Guidelines Act (Part II, s.4) — Prima facie assessment of prosecution evidence at bail stage — Exceptional threshold for review versus appeal/fresh application.
16 April 2024
R v Mandevu (Confirmation Case 3 of 2024) [2024] MWHCFin 1 (12 April 2024)
Conviction on guilty plea confirmed for obtaining by false pretences; maximum sentence set aside and reduced to 30 months.
  • Criminal law — Obtaining by false pretences (s.319 Penal Code) — Confirmation of conviction on plea — Sentencing: maximum penalty reserved for worst offences — Registrar and jurisdictional duties under Courts Act s.6A and Practice Direction No.1 of 2023.
12 April 2024
Financial Intelligence Authority v Ali and Another (Civil Cause 2 of 2024) [2024] MWHCFin 2 (8 April 2024)
An interlocutory injunction was granted to preserve funds subject to a valid preservation order, affirming Financial Crimes Division jurisdiction and condemning forum shopping.
  • Financial Crimes Division jurisdiction — preservation orders and freezing directives — exclusivity under Financial Crimes Act; interlocutory injunction to preserve status quo; forum shopping and abuse of court process; registrar’s duty to transfer misfiled matters.
8 April 2024
January 2024
R v Chilima (Criminal Case 10 of 2023) [2024] MWHCFin 6 (12 January 2024)
Court orders in‑chambers inspection of classified Defence documents; dismisses time‑barred breach‑of‑trust counts under section 302A.
  • Criminal procedure — disclosure vs national security — in-camera judicial inspection of classified Defence Council/MDF documents; public interest immunity; right to fair trial and disclosure obligations; particulars of bribery charges (unspecified amounts) — not fatal; statutory limitation — section 302A CP&EC — strict construction, time-barred misdemeanour counts discharged.
12 January 2024